M.Babu v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.NO.2122 OF 2021 M.Babu .. Petitioner Vs
1. The Secretary to Government Prohibition and Excise Department Fort St.George, Chennai - 9.
2. The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.
3. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
4. The Superintendent of Prisons, Central Prisons, Vellore - 632 004.
5. The Inspector of Police, Pudhupalayam Police Station, Chengam Taluk, Tiruvannamalai District.
.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records relating to the detention order passed by the 2nd respondent in DO.No.107 of 2021/C2 dated 11.11.2021 and quash the same and directing the respondents to produce the corpus of the detenu namely B.Vallarasu (M/23) s/o.M.Babu, No.8, Pillayar Koil Street, GN Palayam, Pudhupalayam Village, Chengam Taluk, Tiruvannamalai District (detained in Central Prison (Men) Vellore) before this Court and set him at liberty.
For Petitioner : Mr.S.Kumaradevan For Respondents : Mr.E.Raj Thilak Addl. Public Prosecutor
ORDER
S.VAIDYANATHAN, J.
and A.D.JAGADISH CHANDIRA, J.
The petitioner is the father of the detenu B.Vallarasu aged 23years, S/o.M.Babu. The detenu has been detained by the second respondent by his order in DO.No.107/2021-C2 dated 11.11.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
3. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus on the ground that there is gross violation of procedural safeguards, which would vitiate the detention. The learned counsel, by placing authorities, submitted that the representation made on behalf of the petitioner was not considered in time and there was an inordinate and unexplained delay.
4. The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter. He would submit that though there was delay in considering the representation, on that score alone, the impugned detention order cannot be quashed. According to the learned Additional Public Prosecutor, no prejudice has been caused to the detenu and thus, there is no violation of the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.
5. The Detention Order in question was passed on 11.11.2021. The petitioner made a representation on 14.12.2021. Thereafter, remarks were called for by the Government from the Detaining
Authority on 21.12.2021. The remarks were duly received on 10.01.2022. Thereafter, the Government considered the matter and passed the order rejecting the petitioner's representation on 18.04.2022.
6. It is the contention of the petitioner that there was a delay of 20 days in submitting the remarks by the Detaining Authority, of which, 6 days were Government Holidays and hence there was an inordinate delay of 14 days in submitting the remarks. It is the further contention of the petitioner that the remarks were received on 10.01.2022 and there was a delay of 98 days in considering the representation by the Hon'ble Minister for Home, Prohibition and Excise Department after the Deputy Secretary dealt with it, of which, 32 days were Government Holidays, hence, there was an inordinate delay of 66 days in considering the representation.
7. In Rekha vs. State of Tamil Nadu (2011 (5) SCC 244), the Honourable Supreme Court has held that the procedural safeguards are required to be zealously watched and enforced by the Courts of law and their rigour cannot be allowed to be diluted on the basis of the nature of the alleged activities undertaken by the detenu.
8. In Sumaiya vs. The Secretary to Government (2007 (2) MWN (Cr.) 145), a Division Bench of this Court has held that the unexplained delay of three days in disposal of the representation made on behalf of the detenu would be sufficient to set aside the order of detention.
9. In Tara Chand vs. State of Rajasthan and others, reported in 1980 (2) SCC 321, the Honourable Supreme Court has held that any inordinate and unexplained delay on the part of the Government in considering the representation renders the very detention illegal.
10. In the subject case, admittedly, there is an inordinate and unexplained delay of 14 days in submitting the remarks by the Detaining Authority and unexplained delay of 66 days in considering the representation by the Hon'ble Minister for Home, Prohibition and Excise Department. The impugned detention order is, therefore, liable to be quashed.
In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo in DO.No.107/2021-C2 dated 11.11.2021, passed by the second respondent is set aside. The detenu, viz., B.Vallarasu aged 23 years, S/o.M.Babu, is
directed to be released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tsh To
1. The Secretary to Government Prohibition and Excise Department Fort St.George, Chennai - 9.
2. The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.
3. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
4. The Superintendent of Prisons, Central Prisons, Vellore - 632 004.
5. The Inspector of Police, Pudhupalayam Police Station, Chengam Taluk, Tiruvannamalai District.
6. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 09.
7. The Public Prosecutor, High Court, Madras.
+1cc to M/s.S.Kumaradevan, Advocate, S.R.No.35192 H.C.P.No.2122 of 2021 AK-II(CO) RLP(20/06/2022)